News

Acer sued over pre-installed software

French-man said he had "no choice" but to buy laptop with unwanted software installed including XP

Antoine Gutzwiller, has won a lawsuit against Acer over a laptop he purchased that came pre-loaded with Windows XP and other software he didn't want installed.

The French national claimed he had no choice but to buy the €599 Acer notebook with the seemingly ubiquitous operating system, which included Microsoft Works, PowerDVD, and Norton AV.

The court of Puteaux ruled against the manufacturer, which currently holds the title of world's third largest computer vendor, and ordered it to refund Gutzwiller €311.85 to cover the cost of software pre-loaded on his notebook.


The judge ruled that Acer should also cough up €500 in fees to cover what it described as "abusive resistance and committed expenses".

It Is now possible that the ruling could set further precedent for future European cases involving pre-loaded software.

Tags: Lawsuit
1
 

“Mr”
Posted by: William Hilsum - Sep 27, 12:44pm

I think this sort of thing is such a load of rubbish...

He bought the computer knowing what it came with, if you do not want software that is pre sold, you go to a supplier who will do it.

Next up, I am going to order a computer from dell and then sue them because I do not want it to come with a CPU that they sell...

Now, that sounds stupid, but it really is the same situation, I hate software that is preinstalled on machines, but if you do not want it, you just go to a supplier that does not give it!


2
 

“Re: Mr”
Posted by: P. Louder - Sep 27, 9:37pm

In a world of free choice shouldn't we be able to buy the model of laptop or PC that suits our needs and budget then choose the software we want to run on it. How can Acer or anyone else for that matter force us to buy software we don't want? However why would anyone want to buy an Acer in the 1st place? The most unreliable brand with the worst service department. Get a decent machine!!


3
 

“Re: Mr”
Posted by: Alan Parsons - Sep 27, 11:50pm

I purchased a Acer Laptop specifically to study Windows Vista as I did not wish to corrupt my existing Windows XP laptop. However, when it arrived, the 120GB HDD only permitted me to access 52GB as the other GBs were allocated to an Acer hidden partition. As the laptop came without any operating system disk or motherboard driver disk, I contacted Acer and asked for a copy of the installed Windows Vista Home Premium disk to enable me to re-partition the HDD to make use of the full 120GB of storage space and to re-install my operating system. After three months of being sent from departments all over the World, I still cannot obtain a disk. I am told to return the computer at my own cost + £50 to have the HDD re-imaged, which I certainly don't want as that would still leave me with onlt 52GB of the total 120GB capacity. I did not buy a computer with a 120 GB HDD capacity to only be able to use 52GB ! Acer & Microsoft must attend the same courses in ripping off the public and corrupt business practices!


4
 

“Re: Mr”
Posted by: David Beresford - Sep 28, 1:55pm

SWEET !!!! As a IT Technician I get asked this question a lot. "Why does my laptop come with all this software installed?" I can understand both sides of the coin. On one side the coin, the price of the laptop can be pushed up because of the software installed on it. But on the other side of the coin if you don't want the software installed, I know with HP you can phone them and custom build a laptop from scratch (witch includes the hardware and software).

So potentially if I ordered an ACER laptop today and then sued them because it came with vista instead of XP I would win my money back... well at least some witch is a bonus!!


5
 

“Re: Mr”
Posted by: William Hilsum - Sep 28, 4:28pm

I think that people misunderstood my post...

Most machines that you can buy ready built from big companies are horrible, use cheap parts and generally come with a load of **** on them... in many cases some companies actually pay to get their software pre installed.

What I am saying is that, I know a few people who buy a budget dell due to price, then come to me to remove all the ****.

The thing is, if you go to these places you must expect to get ****.

If you do not want tons of stuff pre loaded, go to a shop (like mine) who actually care about the customer and will give you a computer with what you want on it.

Again, it is really like going to a shop, buying something, then complaining that it has something else in it...

You can get many DVD's in many diffrent editions from diffrent shops, if you only want to see the movie, dont buy the special x disk edition, then try to sue for the diffrence because you are not using the additional features. Buy what you want.

This is no excuse above, I hate machines that come with preinstalled stuff that is against the customer, I am just trying to say that on nearly all the time, you know what comes with the pc. If you do not want it, go somewhere else that will give you what you want.


6
 

“Re: Re: Mr”
Posted by: richard - Aug 10, 6:57am

i'll say it . it should be a law that if a company adding trojins and addwhere to a system like the acer 4520 out of the box 29 spywher's 10 back doors and 7 trackers, 21 addwheres should be sued and further more not having a driver disk or format disk with windows vista so it can be wiped clean come on your not buying a laptop your there work horse so thay can make more money seling your stats by the way if some of this junk is removed the system is trash


7
 

“Re: Re: Re: Mr”
Posted by: MegamanXGold - Nov 16, 6:46am

You are all forgetting two simple facts. All laptops come with some form of software, and at least here in Canada, it's always Vista with a 60-day trial of Norton (or sometimes McAfee), and a 30-day trial of Microsoft Office Home and Student. Acers also come with their nonsense "Empowering" software.

If you don't like what's on it, are you REALLY SO LAZY that you can't uninstall it?

And I am sure there's some good back up software out there that will let you back the drives bit-for-bit up to DVDs, so that you can format your drive and restore your boot of your OS. I'm sure with a few minutes of google, you can find a viable solution.

My Acer claims to have a 160GB HDD. In My Computer, there is a 10 GB Partition that says it's empty and I can't access it. I believe it is the Windows Vista Acer eRecovery Management that was used to set up Vista in the first place, which is what they do now instead of giving you a Vista disc. Some ideas spring to mind just typing that.

I also see two 69.52 GB NTFS Partitions, with Vista taking up ~10.5 GiBs of HDD space (not including Program Files folder). This adds up to 149.04 GiBs of HDD Space, with only 128.54 GiBs of available HDD space. For those not technically inclined, some thorny 'standards' group decided that measures of data should be in the 1000's, not the 1024's. What this means is that a "160 GB HDD" from your Hard Drive company actually only yields 149.012 GiBs (from Windows perspective, because Microsoft doesn't follow the rest of the world, kinda like the rest of the United States who can't get their nose into Metric still) of useable drive space. Which means I'm only missing out on ~20.472 GiBs of space.

And you know what? I don't give a rip. I brought my laptop home and I didn't have to purchase my own OS, I turned it on, waited about 30 minutes, uninstalled what I didn't want, put on what I did, and I'm using it to type to you right now.

And you know what? Notice I mentioned to have 2 69.52 GB partitions? I gleefully thank Acer for doing it like that. I'm going to set up a dual boot on the second partition with Windows XP. THE WINDOWS OS THAT RUNS FASTER THAN VISTA ANYWAYS. Any Windows user that does NOT like XP (not to say you can't like Vista more, you certiantly can if you feel inclined to) is a bloody fool. Until Windows 7 comes out, having a dual boot is the only reasonable option in Windows computing.

Lack of reliability? I have the Acer Aspire 4530, and I love it! Know how much I paid for it? I got 10% off because it was a never-turned-on demo, 10% off for being an associate where I bought it, and 10% off because it's my employer's "Association Appreciation Week". On this $499.89 laptop, I paid $402.73 AFTER all applicable taxes.

If you think I did not score big, which you do not need to be a tech to figure out that I did, you sir, are an idiot. Acers are not bad machines, you just have to stop being a wimp and deal with it. The judge that let that whiney fool get his money should lose his job for being ignorant, and the fool that tried to get that money should go to jail for attempted theivery.

Think about it.


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